Road to Serfdom Essay Example for Free

Road to Serfdom Essay Hayek has written one of the most important books of our generation. It restates for our time the issue between liberty and authority. It is an arresting call to all well-intentioned planners and socialists, to all those who are sincere democrats and liberals at heart, to stop, look and listen. ’ The author is an internationally known economist. An Austrian by birth, he was director of the Austrian Institute for Economic Research and lecturer in economics at the University of Vienna during the years of the rise of fascism in Central Europe. He has lived in England since 1931 when he became Professor of Economic Science at the University of London, and is now a British citizen. Professor Hayek, with great power and rigour of reasoning, sounds a grim warning to Americans and Britons who look to the government to provide the way out of all our economic dif? culties. He demonstrates that fascism and what the Germans correctly call National Socialism are the inevitable results of the increasing growth of state control and state power, of national ‘planning’ and of socialism. It is essential that we should re-learn frankly to face the fact that freedom can be had only at a price and that as individuals we must be prepared to make severe material sacri? ces to preserve it. 68 69 the road to serfdom We must regain the conviction on which liberty in the AngloSaxon countries has been based and which Benjamin Franklin expressed in a phrase applicable to us as individuals no less than as nations: ‘Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. Toward a better world To build a better world, we must have the courage to make a new start. We must clear away the obstacles with which human folly has recently encumbered our path and release the creative energy of individuals. We must create conditions favourable to progress rather than ‘planning progress’. It is not those who cry for more ‘planning’ who show the necessary courage, nor those who preach a ‘New Ord er’, which is no more than a continuation of the tendencies of the past 40 years, and who can think of nothing better than to imitate Hitler.

Law Of Evidence Analysis Of Similar Fact Evidence Law Essay

Law Of Evidence Analysis Of Similar Fact Evidence Law Essay The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7]   Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8]   Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9]   B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissible to prove mens rea or to rebut the defence of good faith.  [14]   s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16]   Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19]   Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21]   C. Case Law Interpretation of Similar Fact Evidence in EA Singapore courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24]   In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evidence substantially unfair to the accused.  [30]   D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33]   In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35]   Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37]   However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44]   Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probative evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47]   Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53]   (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and relevantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity in what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61]   (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64]   (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65]   (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways under s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72]   Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73]   The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad character evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the CJA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation where the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential danger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.

Simulation Essay -- essays research papers

Analysis of the Stock Market Simulation   Ã‚  Ã‚  Ã‚  Ã‚  There are many risks that people take in their lives. Yet, investing in the stock market is one of the riskiest things to do. All the money that has been saved over years, possibly saved over a lifetime, could all be lost in the blink of an eye. The Great Depression was triggered by the most well-known stock market crash in history, another crash happened in 1987, and one could happen any moment. However, people invest to make money and through this simulation strategies and a basic understanding were compiled to get a perspective on the risk and tasks involved in investing.   Ã‚  Ã‚  Ã‚  Ã‚  Although not one of the high-ranking people in the class, the outcome of the simulation was not a bad one. I lost about five-hundred and seventy dollars. Yet, I could have done much worse. If I had invested the money in a CD or a savings account, rather than in the stock market, I would never have lost any money to begin with. In a CD or a savings account, there is a fixed interest rate and so your money always increases. There is also a fixed rate of return, whatever money you put into the bank, whenever you want to take it out it is there. Yet when investing in the stock market there is not set rate of return. In the simulation, my rate of return on the stocks that I invested in was -3.43% (for six months). Even though I lost money, I did better than I thought I would have done in the simulation. Going into the project I knew nothing and I adjusted and began to understand and succeed towards the end.   Ã‚  Ã‚  Ã‚  Ã‚  While investing in the stock market at the beginning of the simulation, I would pick well-known companies, such as Wal-mart or Exxon- Mobil, to invest in. Yet, as the simulation continues and I kept dropping the rankings, I decided a change of pace was necessary. To make sure that I was investing in the right stocks, I would view the portfolio of the person in first or second in the rankings and invest in whatever investments seem to work for them. In some cases they worked for me and in some cases they turned out not to be so good. Usually, the person in first or second place was able to cheat the system and split their stocks. Since I don’t know how to do that, they would sometimes split the stock that I had invested in, so for me the stock wouldn’t do me ... ...mpletely foreign to me when we began the simulation. Yet, after the simulation is complete and the unit is tied up I have a better understanding of the language. I might not understand how to split a stock on the simulation, but I know why it is a good thing and what would happen if I did it. I know now to buy to cover when I short sell stocks. The most important thing I took out of the simulation though was not the language. Although useful, it was learning and experiencing, a little bit, of the risk involved in investing in stock. If I had not learned about the stock market, or the risk involved, I could have invested in the future and lost all my life savings. Or I could have not done it and missed out on making a lot of money.   Ã‚  Ã‚  Ã‚  Ã‚  Although the simulation was helpful and I learned a lot from it, there were times when I did not even look at the website. There was a long time when I didn’t make any transactions and I know that went for the whole class too. In the future, maybe it might me better if you had to make a certain amount of transactions per week, because it is a project and there is learning that needs to be done. And sometimes, there wasn’t.

Concept Of Self Essay -- essays research papers

Within everyday life people believe themselves to be constantly changing. In actuality, the changes that one believes to have are but minor changes. A person’s personality is usually set at an early age in childhood. A social psychologist named George Herbert Mead understood society through socialization stems he called social behaviorism. Mead and another psychologist by the name of John B. Watson worked together on this approach. Watson focused on outward behavior in this partnership of ideas. However, Mead emphasized on inward thinking, which he contended was humanity’s defining trait. The back-bone of Mead’s study and the central concept is the self. The self being "A dimension of personality composed of an individual’s self-awareness and self-ima...

cathedrals :: essays papers

cathedrals Throughout the centuries, beautiful Medieval cathedrals have been towering above every building and till this day, still survive with their astonishing appearance. Their structure resemble the power and glory of heavens. Today, they are known as "prayers in stone" because they are respected as holy places. Taking literally hundreds of years to build these great Gothic buildings, the skillful carpenters and masons responsible for the construction are respected for constructing these powerful buildings that tell us about the past (Macdonald 1). The construction of the cathedrals were more than hundreds of years (Macdonald 14). The overall shape of appearance was planned out before any construction was started. The contractors were usually peasants of the low class. Cathedrals were built on old church sites throughout Europe and the world to spread the religion of Christianity. There were many architectural styles for the churches. Carpenters used long lasting materials such as stone and strong wood. Some of the best stone came from France. Cranes and pulleys powered by men and animals were used to haul these stones, especially in the dangerous job of quarrying. The appearance of the cathedrals were magnificent. As one of the largest buildings of its time period, they represented the heavens in which people believed was peaceful and serene. Walls and pillars were massive structures enclosing hundreds of yards. Stone arches and gargoyles were put in various places for decoration. The elevating towers on top of the cathedrals were called "fingers" pointing to heaven. Inside these enormous "fingers," immense bells and clocks were placed. Stained-glass windows on the sides describe the lord, Jesus, and his life. The ever going ceilings and their paintings represent heaven. Statues symbolized sacred priests of the church (Macdonald Intro.). The purpose of these cathedrals were to praise and thank God. People offer prayers and offerings to God at the great cathedrals thinking it would bring a prosperous and healthy life. In the Middle Ages, these "prayers in stone" were made to spread Christianity throughout the world. Being the Bishop’s church, the greatest centers of studies were inside the depths of the cathedrals. The pope answered the most theorized questions about Christianity. Cathedrals and the people inside implored that God is the most important part of a person’s life and should be thanked for everything.

Ohio Public School Funding Essay

Ohio public school funding is complicated. Funding of public schools in Ohio is trough states combination i. e. federal government contributing about 6 percent, Ohio state 44 percent while the local tax account to more than 50 percent. The formulas for school funding are provided by the state and this determines the amount that is received by each district. As a result more wealthy districts often raise more amounts than less wealthy districts. On the other hand the state set up the guaranteed amount that each district is supposed to raise and these amounts are not based on the actual expenses that are used to fund the schools (Brandt, 2003). The delegation of responsibilities of funding to local districts and heavy reliance on property tax in Ohio, have contributed to inequalities for school children across the country From the time the first decision was released in 1997, there have been substantial benefits, although the decisions from the Supreme Court have not been enforced. In this regard this paper will focus on the system of school funding in Ohio State and how the public and supreme court has responded to the system. In addition the paper will focus on the current plans of funding, Ohio school expenditure and potential solution to the system (Brandt, 2003). Public school funding in Ohio The system of funding of public schools relies much on local districts property tax and this has resulted to big differences since the system depends on the amount of money the district is able to raise. The system has caused problems for the poor suburban, rural and even urban schools. For example, in 2003, Coshocton County raised only 7,529 US dollars while Cuyahoga County was able to raise 17,735 US dollars of school funding from the property taxes and state. There are inequalities and some public schools use Xeroxed copies or outdated textbooks. Some of the buildings in which the school children attend their classes have been condemned. Other school struggle to raise money to cater for basic needs such as paying school librarian. Some individual say that the problem is due to lack of care that is exhibited by poor schools. However, considering the efforts people make ion paying tax, individuals in poor districts contribute large portion of money that they have but they are not in a position to raise as much money as the wealthy districts. In addition wealthy districts have valuable properties that fetch a lot of money as compared to poor districts. The state of Ohio spends a large portion of its tax on private schools. These private schools that are owned by private companies aims at making profits and do not care a bout the local tax payers. In Ohio when the value of the properties increases the state decrease it’s funding. The states assume that the tax from the properties is directed to school funds. On the other hand public schools do not realize increase of funding since local taxes are normally fixed at the property value at time of last levy. Due to the gross inequalities DeRolph Dale, along with several district schools filed a case against Ohio State in 1991, and stated that the system of funding that is used in the country is unconstitutional. The supreme court of Ohio State began to investigate this system and resulted to establishment of major decisions of the Supreme Court. In 2001, the Supreme Court declared the system as unconstitutional, and directed the general assembly to provide solution (Walker, 2005). Since that time Supreme Court made ruling on the funding system the state has responded by establishing numerous legislations in order to solve the problems of the funding system. However, the problems in funding system still exist and the state has been unable to solve them. When the first decision of Supreme Court was released in 1997, the senate president said that the Supreme Court cannot enforce its rules. In 2001, the president said that Ohio State has no money and therefore Supreme Court has problems (Phillis, n. d). On the other hand following the ruling of Supreme Court there is a great dramatic impact in the funding of public schools in Ohio and many public schools are being constructed and the existing schools renovated. Before 1997 the state did not have priorities to support public schools. In 1997 the decision of DeRolph I influenced the state to support public schools and since then it have provided more than five million US dollars. Capital appropriation in the state of Ohio since 1997 for school facilities is as shown below.

Digi Marketing Analysis Essay

EXECUTIVE SUMMARY This assignment is about DIGI Telecommunications Sdn. Bhd. (DIGI) company’s strategic analysis of its daily operations. Segmenting, targeting and positioning will clearly show that how DIGI company segments its customers to different types of segments, then they targets those market that will provide profits to the company than lastly positioning them. Then SWOT analysis will provide clear details information about the company’s main strengths and exploit them through opportunities, then understand the company weakness to avoid incoming threats to the company. Just to survive within the competitive market, DIGI should also learn competitors marketing strategy as well so that they can counterattack them just like chess strategy. SITUATIONAL ANALYSIS A situational analysis is where the DIGI Telecommunication Sdn. Bhd. (DIGI) provides the operation of searching an important factor to accommodate the external contingency and internal capability. Then a choice should be decided to overcome all weaknesses and threats along with maximizing the company’s strengths and business opportunity. SEGMENTATION TARGETING & POSITIONING (STP) In order to survive running a business, it is crucial for DIGI to know their market segmentation, targeting and positioning so that DIGI can target their customer accurately and efficiently. After segmentation, targeting and positioning, management will then uses the most appropriate strategies to achieve the company’s goal even faster. SEGMENTATION At this stage, DIGI will have to differentiate their customer into different segments based on their common need or their response to marketing action taken by DIGI. Each of these response will them decide which strategy mix will be used by the company. There are a few ways to differentiate market segments, like demographic, psychographic, behavioral and geographical location. For DIGI, is best to use either psychographic and geographical location segmentation. In psychographic segmentation, customers will then based on the social lifestyle like their daily lifestyle, social class and individual attitudes. DIGI in this section can differentiate customer to high income or lower income customer. In geographical segmentation, customer will then based on their behavior like prior purchases and brand preference. In this section, DIGI may provide phone packages along with well-known brand hand phone like Samsung, Apple and Sony. TARGETING After segmenting customer into different groups, DIGI now will have to choose their targets. There is no strategy suits all kinds of segments, so in order to be effective and efficient, development of the correct strategies is very crucial. There are three general strategies for target marketing and they are undifferentiated targeting, concentrated targeting and multi-segment targeting. In this situation, the appropriate targeting for DIGI to be used is multi-segment targeting. In this target is being used because DIGI has to focus more than two segments and for each of the segments, different strategies must be applied. In this targeting, there are many benefits, but it also quite costly, as it needs more efforts from management, market research and also new promotional strategies to attract more customers. POSITIONING In this stage, positioning is where DIGI will have to develop a product and provide brand image into the minds of the customers. It also involves  advancing customer’s perception to know what does customers experience. DIGI always reminds their customers that choosing DIGI is the smartest choice. DIGI is also well known for yellow man and the logo sign is yellow. To show the unique of DIGI, even the store is painted yellow and it really strikes out the customers view. An effective positioning includes a deep understanding of the competitors’ products as well. DIGI should differentiate their advantages to excel among the competitors. DIFFERENTIAL ADVANTAGES/WEAKNESSES (SWOT ANALYSIS) SWOT analysis is where helps DIGI to understand their strengths and weaknesses, find business opportunities and prevent those upcoming threats. A successful SWOT analysis helps DIGI to seek opportunities and then accomplish them, knowing company’s weakness and then manage them nicely can avoid any up coming threats. SWOT analysis for DIGI is as below: STRENGTHS DIGI always remind their customers that choosing DIGI is always the smartest choice. DIGI always provide smart plans based on customer affordability. Whenever a new electronic device launched into the market, just to catch up with the digital era, new packages will be introduce. Just like when LTE has been introduced to the world, not long then DIGI introduce LTE package to customers. DIGI also has its own customer loyalty. As nowadays, teenagers or even fresh graduate will choose DIGI for its reasonable and affordable rate along with DIGI rarely network failure happens compare to other network communications company. WEAKNESS DIGI telecommunication actually doesn’t have its own satellite yet they still need to rely MAXIS for renting satellite. It would be more appropriate that DIGI can afford a satellite on its own. Their customer service should be  enhance as networking tool its important nowadays, it will cost losses for the businessman who all of the sudden lost contact from the vendor or customers. This will unfortunately causes law cases to the company as the customer will then sue DIGI for network failure causes him all his losses. The customer service staff needs lots of training as well as their have to face many anger customers that have problems with their phone network. It will always be good that DIGI coverage covers more rural areas because they’re its still places where DIGI coverage will not able to covered. OPPORTUNITIES In the network company, due to the enhancing of electronic gadgets, more and more opportunities will automatically come towards DIGI. Once a hand phone gadget like Apple or Samsung launched a new series of smartphones, DIGI will promote along phone packages with the purchase of the hand phone. It wills attracts lots of people who have not owned a hand phone as it includes everything. DIGI telecommunications also provides usage until overseas and they also provide some reasonable overseas rate. Other hand phone supplies will also come to them for cooperation to promote their new series of electronic devices along with providing DIGI telecommunications business opportunities’. On the other hand, DIGI also provides broadband as well and it provides conveniences for businessman to uses DIGI broadband anywhere for their electronic portable computer or even provide Internet line using phone coverage to provide 3G for electronic tablets. THREATS Malaysia has an intense of competition within Telecommunications Company. Many newly entered Telecommunications Company tries to fight for s status within the market but unfortunately fail and ended up bankruptcy. They are MAXIS, DIGI, CELCOM and UMOBILE Telecommunications Company that manage to fight for years within Malaysia and managed to survive. DIGI also frequents faces imitations. When a brand new service or products is launched, a similar service packages will also be provided to the customer from the competitors. Everyone wants to grab these business opportunities but ended  up provide chance for the customer to compare which telecommunication company provides the most reasonable and yet more services for them to enjoy. Because its digital era, all those gadgets staff will obsolete quickly so the market demand its actually very seasonal. When some new stuff is newly introduced, many people wants to get their hand into it, but after a period of time, customer will then gain no more interest in purchasing or even introducing to other people anymore. RECOMMENDED OBJECTIVES AND GOALS In order to achieve the objective, it is crucial for the company to find funds for the company operations. DIGI has to get a strong stand in Malaysia/s market share in order to achieve long term business operation. DIGI has to try to improve their telecommunications skills to provide a better quality of life for the customers and also to improve their ways of living to more digital. DIGI already has its vision of its own that an Excellency of service providing will lead to committed and energetic employees that makes the whole company running fluently. DIGI’s mission is to satisfy customer’s individual needs of requirement for their own communication, connectivity and also their Internet access. The company also successfully bonds its staff together can they grew within a healthy environment and each of them fulfills their duties tremendously. DIGI also provide appropriate returns to their shareholders and they have played am important in improving Malaysian’s lifestyle by providing up to date telecommunications services. In the long term, DIGI will try their best to increase share values by giving innovations and best telecommunication services to the Malaysian’s market. RECOMMENDED MARKETING STRATEGIES AND PROGRAMS DIGI telecommunication competitors are MAXIS telecommunication. In order to be successfully within a market, it is also important to study competitors marketing strategy as well. DIGI has successfully established Excellency, so DIGI will continue to make things simple so that they can understand their customers truly. They also can try to balance the cost optimization exercise  just to meet higher levels of customer satisfaction. Because this is digital era, it is also important to continue improve the system by relooked at all of the business process and activities that already have been done and try to improve them by making them much more efficient. CONCLUSION In conclusion, the best and appropriate strategy for DIGI Telecommunications is product development strategy. This is because that developing new and improved products in the future or even modifying existing product and services can make them more outstanding appearances compared to the competitors. With the up to date service network provider, DIGI can continue operates smoothly by providing excellent service to the customers. This plays an important role in the long term for DIGI. Unfortunately it will still remain highly competitive due to technology advancement and competitor’s spirit, as long as DIGI keep developing and modifying, DIGI products and services will attract more and more subscriber’s customers. The point is the most important for the global consumer as the usage of mobile network is extremely important in daily life nowadays. 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